CITY  OF  HAVERHILL 

MASSACHUSETTS 


City  Charter 

1914 


The  Welch  Press 
Haverhill,  Massachusetts 


V\^c 


CITY  CHARTER 


Chapter  574,  Acts  of  1908 


An  act  to  amend  the  charter  of  the  City  of  Haverhill 

Be  it  enacted,  etc.,  as  follows: 


Section  1.  The  annual  city  election  of  the  city  of  Haverhill 
shall  be  held  on  the  Tuesday  next  following  the  first  Monday  of 
N'  December.  Every  special  city  election  shall  be  held  on  a  Tues- 
r  day. 

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Section  2.  The  municipal  year  shall  begin  at  ten  o’clock  in 
the  forenoon  on  the  first  Monday  of  January,  and  shall  continue 
until  ten  o’clock  in  the  forenoon  on  the  first  Monday  of  the  Jan¬ 
uary  next  following. 

Section  3.  In  the  year  nineteen  hundred  and  eight  and  in 
every  second  year  thereafter  there  shall  be  elected  at  the  annual 
city  election  of  said  city,  the  mayor,  two  aldermen  and  two  mem¬ 
bers  of  the  school  committee  for  the  term  of  the  two  municipal 
years  next  following  their  respective  elections.  There  shall  also 


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CITY  OF  HAVERHILL 


be  elected  at  said  annual  city  election  in  the  year  nineteen  hun¬ 
dred  and  eight,  two  aldermen  and  two  members  of  the  school 
committee  for  the  municipal  year  next  following  such  election. 
In  the  year  nineteen  hundred  and  nine  and  in  every  second  year 
thereafter  there  shall  be  elected  at  the  annual  city  election  two 
aldermen  and  two  members  of  the  school  committee,  each  for  the 
two  municipal  years  next  following  his  election.  The  number 
of  aldermen  of  said  city  shall  be  four.  Except  as  aforesaid  and 
as  otherwise  provided  in  this  act,  no  city  officers  shall  be  elected 
at  any  city  election.  The  above  mentioned  officers  shall  be 
elected  by  and  from  the  qualified  voters  of  the  city  and  may  be 
residents  of  any  part  thereof. 


Section  4.  Except  as  otherwise  provided  in  section  forty-one 
there  shall  not  be  printed  on  the  official  ballots  to  be  used  at  any 
annual  or  special  city  election  of  said  city  the  name  of  any  person 
as  a  candidate  for  mayor,  alderman  or  member  of  the  school  com¬ 
mittee  unless  such  person  be  nominated  as  such  candidate  at  a 
preliminary  election  for  nominations  to  be  held  as  provided  in 
this  act.  There  shall  not  be  printed  on  the  official  ballots  to  be 
used  at  a  preliminary  election  for  nominations  the  name  of  any 
person  as  a  candidate  for  nomination  at  such  preliminary  election 
for  nominations  unless  such  person  shall  have  filed,  within  the 
time  limited  by  section  seven  of  this  act,  the  statement  of  candidate 
and  the  petition  accompanying  the  statement  described  in  sec¬ 
tion  seven. 

Section  5.  On  the  third  Tuesday  preceding  every  annual  or 
special  city  election  at  which  any  officer  mentioned  in  section 
three  is  to  be  elected  there  shall  be  held  a  preliminary  election  for 
nominations  for  the  purpose  of  nominating  candidates  for  such 
offices  as,  under  the  provisions  of  this  act,  are  to  be  filled  at  such 
annual  or  special  city  election.  No  special  election  for  the  elec¬ 
tion  of  mayor  or  an  alderman  shall  be  held  until  after  the  expir¬ 
ation  of  forty  days  from  the  calling  of  the  preliminary  election 


CITY  CHARTER 


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for  nominations,  which  under  the  provisions  of  this  act  is  to  held 
on  the  third  Tuesday  preceding  such  special  election.  At  every 
preliminary  election  for  nominations  the  polls  shall  be  opened  at 
six  o’clock  in  the  forenoon  and  kept  open  until  four  o’clock  in 
the  afternoon  and,  except  as  otherwise  provided  in  this  act,  every 
such  preliminary  election  for  nominations  shall  be  called  by  the 
same  officers  and  held  in  the  same  manner  as  an  annual  city  elec¬ 
tion,  the  polling  places  shall  be  designated,  provided  and  furnished, 
official  ballots,  special  ballots,  ballot  boxes,  voting  lists,  speci¬ 
men  ballots,  blank  forms,  apparatus  and  supplies  shall  be  pro¬ 
vided  for  every  such  preliminary  election  for  nominations  in  the 
same  number,  kind  and  manner  and  by  the  same  officials  as  at 
an  annual  city  election,  and  the  same  election  officers  shall 
officiate  as  at  an  annual  city  election. 

Sect  on  6.  The  provisions  of  law  relating  to  election  officers, 
voting  places  for  elections,  election  apparatus  and  blanks,  calling 
and  conduct  of  elections,  manner  of  voting  at  elections,  counting 
and  re-counting  of  votes  at  elections,  corrupt  practices,  and  pen¬ 
alties,  shall  apply  to  such  preliminary  elections  for  nominations, 
except  as  otherwise  provided  in  this  act. 

Section  7.  Any  person  who  is  qualified  to  vote  for  a  candidate 
for  mayor,  alderman  or  member  of  the  school  committee,  and  who 
is  a  candidate  for  nomination  for  such  office  may  have  his  name, 
as  such  candidate,  printed  on  the  official  ballots  to  be  used  at  a 
preliminary  election  for  nominations  provided  that  he  shall,  at 
least  *fourteen  days  prior  to  such  preliminary  election  for  nomin¬ 
ations,  file  with  the  city  clerk  a  statement  in  writing  of  his  candi¬ 
dacy  in  substantially  the  following  form — 

STATEMENT  OF  CANDIDATE 

I  ( . ),  on  oath  declare  that  I  reside  at  (number, 

if  any,)  on  (name  of  street,)  in  the  city  of  Haverhill;  that  I  am  a 

[*See  Chap.  559,  Acts  of  1913] 


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CITY  OF  HAVERHILL 


voter  therein  qualified  to  vote  for  a  candidate  for  the  hereinafter 
mentioned  office;  that  I  am  a  candidate  for  nomination  for  the 
office  of  (mayor,  alderman  or  member  of  the  school  committee) 
for  (state  the  term)  to  be  voted  for  at  the  preliminary  election 
for  nominations  to  be  held  on  Tuesday,  the  day  of 

,  19  ,  and  I  request  that  my  name  be  printed  as  such 

candidate  on  the  official  ballots  to  be  used  at  said  preliminary 
election  for  nominations. 

(Signed), 

Commonwealth  of  Massachusetts. 

Essex,  ss. 

Subscribed  and  sworn  to  on  this  day  of  ,  19  , 

before  me,  (Signed).  Justice  of  Peace,  (or  Notary  Public),  and 
at  the  same  time  shall  file  therewith  a  petition  of  at  least  twenty- 
five  voters  of  the  city  qualified  to  vote  for  a  candidate  for  such 
office.  Such  petition  shall  be  in  substantially  the  following  form : — 

PETITION  ACCOMPANYING  STATEMENT  OF  CANDIDATE 

Whereas  (name  of  candidate)  is  a  candidate  for  nomination  for 
the  office  of  (mayor,  alderman  or  member  of  the  school  committee) 
for  (state  the  term),  we,  the  undersigned  voters  of  the  city  of  Haver¬ 
hill,  duly  qualified  to  vote  for  a  candidate  for  said  office,  do  here¬ 
by  request  that  the  name  of  said  (name  of  candidate),  as  a  candi¬ 
date  for  nomination  for  said  office,  be  printed  on  the  official  bal¬ 
lots  to  be  used  at  the  preliminary  election  for  nominations  to  be 
held  on  the  Tuesday  of  ,  19  .  We.  further  state 

that  we  believe  he  is  of  good  moral  character  and  qualified  to  per¬ 
form  the  duties  of  the  office. 

Names  of  voters.  Street  Number,  if  any.  Street. 

No  acceptance  by  a  candidate  for  nomination  named  in  such 
petition  shall  be  necessary  for  its  validity  or  for  its  filing,  and  the 
petition  need  not  be  sworn  to. 


CITY  CHARTER 


Section  8.  Women  who  are  qualified  to  vote  for  member  of  the 
school  committee  may  be  candidates  for  nomination  for  that  office 
at  any  preliminary  election  for  nominations  at  which  candidates 
for  nomination  for  that  office  are  to  be  voted  for,  and,  at  such  pre¬ 
liminary  election  for  nominations,  may  vote  for,  and  only  for, 
candidates  for  nomination  for  that  office.  They  shall  file  the 
hereinbefore  described  statement  of  candidate  and  the  petition 
accompanying  the  statement  of  the  candidate  in  all  cases  where 
the  same  are  herein  required  to  be  filed  by  male  candidates  for 
nominations  for  that  office. 


Section  9.  On  the  first  day,  not  being  Sunday  or  a  legal  holi¬ 
day,  following  the  expiration  of  the  time  for  filing  the  above  de¬ 
scribed  statements  and  petitions,  the  city  clerk  shall  cause  to  be 
published  in  one  or  more  newspapers  published  in  the  city,  the 
names  and  residences  of  the  candidates  for  nomination  who  have 
duly  filed  the  above  mentioned  statements  and  petitions,  and  the 
offices  and  terms  for  which  they  are  candidates  for  nomination, 
as  they  are  to  appear  on  the  official  ballots  to  be  used  at  the  pre¬ 
liminary  election  for  nominations.  The  city  clerk  shall  thereupon 
prepare  the  ballots  to  be  used  at  such  preliminary  election  for 
nominations  and  shall  cause  them  to  be  printed,  and  the  ballots 
so  prepared  shall  be  the  offiicial  ballots  and  the  only  ballots  used 
at  such  preliminary  election  for  nominations.  They  shall  be  head¬ 
ed  as  follows: — 


OFFICIAL  PRELIMINARY  BALLOT 

Candidates  for  Nomination  for  Mayor,  Alderman  and  School 
Committee  of  the  City  of  Haverhill.  At  a  Preliminary  Election 
for  Nominations  Held  on  the  Day  of  in  the  Year 
Nineteen  Hundred  and 

(The  heading  shall  be  varied  in  accordance  with  the  offices  for 
which  nominations  are  to  be  made.) 


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CITY  OF  HAVERHILL 


Section  10.  The  name  of  each  person  who  has  filed  a  state¬ 
ment  and  accompanying  petition  as  aforesaid,  and  his  residence 
and  the  title  and  term  of  the  office  for  which  he  is  a  candidate 
for  nomination  shall  be  printed  on  said  ballots,  and  the  names  of 
no  other  candidates  shall  be  printed  thereon.  Blank  spaces  shall 
be  left  at  the  end  of  each  list  of  candidates  for  nomination  for  the 
different  offices,  equal  to  the  number  to  be  nominated  therefor, 
in  which  the  voter  may  insert  the  name  of  any  person  not  printed 
on  the  ballot  for  whom  he  desires  to  vote  for  nomination  for  such 
office.  There  shall  be  printed  on  said  ballots  such  directions  as 
will  aid  the  voter;  for  example,  “vote  for  one,”  “vote  for  two,” 
and  the  like.  Special  ballots,  headed:— 

OFFICIAL  PRELIMINARY  BALLOT 

Candidates  for  Nomination  for  Members  of  School  Committee 
of  the  City  of  Haverhill.  At  a  Preliminary  Election  for  Nomin- 
nations  Held  on  the  Day  in  the  Year  Nineteen 

Hundred  and 

And  containing  the  names  and  residences  of  the  same  candi¬ 
dates  for  nomination  for  member  of  the  school  committee  as  are 
on  the  regular  official  ballots,  furnished  for  such  preliminary  elec¬ 
tion  for  nominations,  and  the  title  and  term  of  that  office  shall  be 
prepared  in  like  manner  and  printed  for  the  use  of  women  quali¬ 
fied  to  vote  for  members  of  the  school  committee. 

Section  11.  No  ballot  used  at  any  annual  or  special  city  elec¬ 
tion  or  at  any  preliminary  election  for  nominations  shall  have 
printed  thereon  any  party  or  political  designation  or  mark,  and 
there  shall  not  be  appended  to  the  name  of  any  candidate  any  such 
party  or  political  designation  or  mark  or  anything  showing  how 
he  was  nominated,  or  indicating  his  views  or  opinions. 

Section  12.  Voters  qualified  to  vote  at  a  city  election  shall  be 
qualified  to  vote  at  the  said  preliminary  election  for  nominations. 


CITY  CHARTER 


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Section  13.  The  election  officers  shall  immediately,  upon  the 
closing  of  the  polls  at  preliminary  elections  for  nominations,  count 
the  ballots  and  ascertain  the  number  of  votes  cast  in  the  voting 
places  where  they  officiate,  for  each  person  for  nomination  for 
each  office,  and  shall  make  return  thereof  to  the  city  clerk  forth¬ 
with  upon  blanks  to  be  furnished  as  in  city  elections. 

Section  14.  On  the  first  day,  not  being  Sunday  or  a  legal  holi¬ 
day  following  such  preliminary  election  for  nominations,  the  city 
clerk  shall  canvass  said  returns,  so  received  from  the  election  offi¬ 
cers,  and  shall  forthwith  determine  the  result  of  such  canvass 
and  publish  the  same  in  one  or  more  newspapers  published  in 
said  city. 

Section  15.  The  two  persons  receiving  at  a  preliminary  elec¬ 
tion  for  nominations  the  highest  number  of  votes  for  nomination 
for  an  office  shall  be  the  candidates  and  the  only  candidates  for 
that  office  whose  names  shall  be  printed  on  the  official  ballots 
to  be  used  at  the  annual  or  special  city  election  for  the  making 
of  nominations  for  which  such  preliminary  election  for  nomina¬ 
tions  was  held,  and  if  two  or  more  persons  are  to  be  elected  to  the 
same  office  at  such  annual  or  special  city  election,  the  several  per¬ 
sons,  to  a  number  equal  to  twice  the  number  so  to  be  elected  to 
such  office,  receiving,  at  such  preliminary  election  for  nominations 
the  highest  number  of  votes  for  nomination  for  that  office,  or 
all  such  persons  if  less  than  twice  the  number  of  those  so  to  be 
elected,  shall  be  the  candidates,  and  the  only  candidates,  for  that 
office  whose  names  shall  be  printed  on  the  official  ballots  to  be 
used  at  such  annual  or  special  city  elections. 

Section  16.  No  acceptance  of  a  nomination  made  at  a  prelim¬ 
inary  election  for  nominations  shall  be  necessary  for  the  validity 
of  such  nomination. 


Section  17.  At  city  elections,  other  than  above  described  pre- 


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CITY  OF  HAVERHILL 


liminary  elections  for  nominations,  the  person  receiving  the  high¬ 
est  number  of  votes  for  an  office  shall  be  deemed  and  declared 
elected  to  such  office;  and  if  two  or  more  persons  are  to  be  elected 
to  the  same  office,  the  several  persons,  to  the  number  to  be  chosen 
to  such  office,  receiving  the  highest  number  of  votes  shall  be  deem¬ 
ed  and  declared  to  be  elected ;  but  persons  receiving  the  same  num¬ 
ber  of  votes  shall  not  be  deemed  to  be  elected  if  thereby  a  greater 
number  would  be  elected  than  are  by  law  to  be  chosen.  On  ballots 
to  be  used  at  annual  or  special  city  elections  blank  spaces  shall 
be  left  at  the  end  of  each  list  of  candidates  for  the  different  offices, 
equal  to  the  number  to  be  elected  thereto,  in  which  the  voter  may 
insert  the  name  of  any  person  not  printed  on  the  ballot  for  whom 
he  desires  to  vote  for  such  office. 


Section  18.  Except  as  otherwise  provided  in  this  act,  the  laws 
of  the  commonwealth  governing  annual  city  elections,  special 
elections  of  city  officers  and  special  elections  in  cities  shall,  so  far 
as  they  may  be  applicable,  govern  such  elections  in  said  city. 


Section  19.  At  ten  o’clock  in  the  forenoon  on  the  first  Monday 
of  January  in  the  year  nineteen  hundred  and  nine,  the  city  coun¬ 
cil,  board  of  mayor  and  aldermen,  board  of  aldermen  and  com¬ 
mon  council  of  said  city  shall  be  abolished;  the  terms  of  office 
which  the  present  mayor,  aldermen,  common  councilmen,  members 
of  the  school  committee  and  assistant  assessors  are  now  serving 
shall  terminate,  and  except  as  otherwise  provided  in  this  act,  all 
the  present  powers  and  duties  of  all  or  any,  the  mayor,  mayor 
and  aldermen,  aldermen,  board  of  aldermen,  city  council,  com¬ 
mon  council,  and  common  councilmen  of  said  city,  under  any 
general  or  special  acts,  shall  devolve  upon  and  shall  thereafter 
be  exercised  and  performed  by  a  board,  styled  the  municipal 
council,  which  shall  consist  of  the  mayor  and  four  aldermen,  elect¬ 
ed  under  the  provisions  of  this  act.  The  municipal  council  shall 
be  the  judge  of  the  election  of  its  own  members. 


CITY  CHATRER 


11 


Section  20.  The  mayor  and  the  aldermen  elected  as  aforesaid 
shall  meet  at  ten  o’clock  in  the  forenoon  on  the  first  Monday  of 
January  of  each  year,  and  those  of  them  whose  term  of  office  then 
begins  shall  severally  take  oath  before  the  city  clerk  or  a  justice 
of  the  peace  to  perform  faithfully  the  duties  of  their  respective 
offices.  The  municipal  council  shall  thereupon  be  organized  by 
the  choice  of  a  president  who  shall  be  called  the  president  of  the 
municipal  council  and  shall  hold  his  office  during  its  pleasure. 
The  president  of  the  municipal  council  shall  be  some  member 
thereof  other  than  the  mayor.  The  organization  of  the  munici¬ 
pal  council  shall  take  place  as  aforesaid  notwithstanding  the  ab¬ 
sence,  death,  refusal  to  serve,  or  non-election  of  the  mayor  or  of 
one  or  more  of  the  four  aldermen,  provided  that  at  least  three  of 
the  persons  entitled  to  be  members  of  the  municipal  council  are 
present  and  take  the  oath  as  aforesaid.  Any  person  entitled  to 
take  the  aforesaid  oath  who  was  not  present  at  the  time  above 
fixed  therefor  may  take  the  same  at  any  time  thereafter. 

Section  21.  A  majority  of  the  members  of  the  municipal  council 
shall  constitute  a  quorum.  Its  meetings  shall  be  public  and  the 
mayor  if  present  shall  preside  and  shall  have  the  right  to  vote. 
In  the  absence  of  the  mayor,  the  president  of  the  municipal  coun¬ 
cil  shall  preside,  and  in  the  absence  of  both,  a  chairman  pro  tem¬ 
pore  shall  be  chosen.  The  city  clerk  shall  be,  ex-officio,  clerk  of 
the  municipal  council  and  shall  keep  the  records  of  its  proceedings. 
All  votes  of  the  members  of  the  municipal  council  shall  be  by  yeas 
and  nays,  when  that  is  practicable,  and  shall  be  entered  upon  the 
records.  The  affirmative  votes  of  at  least  three  members  shall 
be  necessary  for  the  passage  of  any  order,  ordinance,  resolution 
or  vote. 

Section  22.  The  municipal  council  shall  not  make  or  pass  any 
order,  resolution  or  vote  appropriating  money  in  excess  of  two 
thousand  dollars,  or  making  or  authorizing  the  making  of  any 
contract  involving  a  liability  on  the  part  of  the  city  in  excess  of 


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CITY  OF  HAVERHILL 


two  thousand  dollars,  unless  the  same  is  proposed  in  writing  and 
remains  on  file  in  the  office  of  the  city  clerk  at  least  one  week  be¬ 
fore  its  passage,  except  an  order,  resolution  or  vote  for  the  imme¬ 
diate  preservation  of  the  public  peace,  health  or  safety  which  con¬ 
tains  a  statement  of  its  urgency  and  is  made  or  passed  by  a  four- 
fifths  vote. 

Section  23.  The  municipal  council  shall  annually,  in  the  month 
of  January,  at  a  time  after  ten  o’clock  in  the  forenoon  of  the  first 
Monday  of  that  month,  elect  seven  assistant  assessors  from  the 
qualified  voters  of  the  city.  They  shall  be  sworn  to  the  faithful 
performance  of  their  duties,  shall  have  all  the  powers  and  perform 
all  duties  which  the  assistant  assessors  of  said  city  now  have  and 
perform,  and  shall  hold  their  respective  offices  for  the  remainder 
of  the  municipal  year  in  which  they  are  elected.  The  munici¬ 
pal  council  shall  fix  the  compensation  of  the  assistant  assessors, 
and  may  remove  them  at  any  time  for  sufficient  cause. 

Section  24.  The  municipal  council  shall  each  month  print 
in  pamphlet  form  a  detailed  itemized  statement  of  all  receipts 
and  expenses  of  the  city  during  the  preceding  month,  and  shall 
furnish  copies  thereof  to  the  public  library,  to  the  daily  newspapers 
published  in  said  city,  and  to  persons  who  shall  apply  therefor 
at  the  office  of  the  city  clerk.  At  the  end  of  each  municipal  year 
it  shall  cause  a  full  and  complete  examination  of  all  books  and 
accounts  of  the  city  to  be  made  by  competent  accountants,  and 
shall  publish  the  result  of  such  examination  in  the  manner  above 
provided  for  publication  of  statements  of  monthly  receipts  and 
expenses. 

Section  25.  The  municipal  council  shall  fix  suitable  times  for 
its  regular  meetings.  The  mayor,  the  president  of  the  munici¬ 
pal  council,  or  any  two  members  thereof,  may  at  any  time  call  a 
special  meeting  by  causing  a  written  notice,  stating  the  time  of 
holding  such  meeting  and  signed  by  the  person  or  persons  calling 


CITY  CHARTER 


13 


the  same,  to  be  delivered  in  hand  to  each  member,  or  left  at  his 
usual  dwelling  place  at  least  six  hours  before  the  time  of  such  meet¬ 
ing.  Meetings  of  the  municipal  council  may  also  be  held  at  any 
time  when  all  the  members  are  present  and  consent  thereto. 

Section  26.  The  municipal  council  shall  have  power  to 
do,  except  as  otherwise  provided  in  this  act,  without  the  approval 
of  the  mayor,  all  things  which  all  or  any  of  the  city  council,  board 
of  aldermen  and  common  council  can  now  do  with  such  approval. 
Any  notes,  bonds  or  scrip  which  said  city  is  authorized  to  issue 
shall  be  signed  by  its  treasurer  and  countersigned  by  a  majority 
of  its  municipal  council. 

Section  27.  The  mayor  shall  have  no  power  of  veto,  and  no 
order,  ordinance,  resolution  or  vote  which  the  municipal  council 
shall  make  or  pass  shall  be  presented  to  him  for  or  shall  require 
his  approval  in  order  to  be  effective. 

Section  28.  When  the  municipal  council  shall  make  or  pass  an 
ordinance,  or  an  amendment  or  repeal  of  an  ordinance,  such  ordi¬ 
nance,  amendment  or  repeal,  so  passed,  shall,  except  as  other¬ 
wise  provided  in  this  act,  take  effect  at  the  expiration  of  ten  days 
from  its  passage;  provided,  however,  that,  if  there  is  a  time  there¬ 
in  specified  when  it  shall  take  effect  and  such  time  is  more  than 
ten  days  after  its  passage,  such  ordinance,  amendment  or  repeal 
shall,  except  as  otherwise  provided  in  this  act,  take  effect  at  the 
time  so  specified  therein. 

Section  29.  When  the  voters  make  or  pass  an  ordinance  as 
provided  in  this  act,  such  ordinance  shall  take  effect  and  be  in 
force  at  the  time  therein  specified  without  presentation  to  or  ap¬ 
proval  by  the  mayor. 

Section  30.  No  ordinance  made  or  passed  by  the  municipal 
council  or  by  the  voters,  as  provided  in  this  act,  shall  require  the 


14 


CITY  OF  HAVERHILL 


approval  of  any  court  or  of  the  attorney-general,  or  shall  be  re¬ 
quired  to  be  published  in  order  to  become  effective. 

Section  31.  Such  powers  of  nomination,  appointment,  con¬ 
firmation  and  election  for  and  to  office  or  position,  of  approval 
and  consent  to  nominations  and  appointments,  of  removal  or 
suspension  from  office  and  consent  to  removal  or  suspension  from 
office  as  are  now  vested  in  all  or  any,  the  mayor  and  aldermen, 
city  council,  board  of  aldermen  and  common  council  shall  be  ex¬ 
ercised  by  the  municipal  council  by  vote,  and  the  mayor  shall 
no  longer  have  power  to  make  nominations  or  appointments  for 
or  to  office,  or  removals  or  suspensions  therefrom,  but  shall  have 
the  same  right  to  vote  thereon  as  any  other  member  of  the  muni¬ 
cipal  council. 

Section  32.  The  salary  of  the  mayor  shall  be  twenty-five 
hundred  dollars  per  annum,  and  the  salary  of  each  alderman 
eighteen  hundred  dollars  per  annum.  Such  salaries  shall  be 
payable  in  equal  monthly  installments. 

Section  33.  No  member  of  the  municipal  council  shall,  dur¬ 
ing  the  term  for  which  he  was  chosen,  be  eligible,  either  by  appoint¬ 
ment  or  by  election  of  the  municipal  council,  to  any  other  office 
the  salary  of  which  is  payable  by  the  city,  or  shall,  during  such 
term,  hold  any  such  other  office. 

Section  34.  The  school  committee  of  said  city  shall  consist 
of  the  mayor  ex-officio,  and  the  four  members  of  the  school  com¬ 
mittee  elected  in  accordance  with  the  provisions  of  this  act. 
It  shall  vote  by  yea  and  nay,  when  that  is  practicable,  and  its 
votes  shall  be  entered  on  its  records.  Three  of  its  members  shall 
constitute  a  quorum.  The  mayor,  when  present,  shall  preside. 


Section  35.  No  site  for  a  school  building  shall  be  acquired  by 


CITY  CHARTER 


15 


said  city  unless  the  approval  of  such  site  by  the  school  committee 
is  first  obtained. 

No  plans  for  the  construction  of  or  alterations  in  a  school  build¬ 
ing  shall  be  accepted,  and  no  work  shall  be  begun  on  the  construc¬ 
tion  or  alteration  of  a  school  building,  unless  the  approval  of  the 
school  committee  therefor  is  first  obtained.  Nothing  herein  con¬ 
tained  shall  require  such  approval  for  the  making  of  ordinary 
repairs. 

Sect  on  36.  Upon  the  death,  resignation  or  absence  of  the  may¬ 
or,  or  upon  his  inability  to  perform  the  duties  of  his  office,  the  pres¬ 
ident  of  the  municipal  council  shall  perform  them,  and  if  he  also 
is  absent,  or  unable  from  any  cause  to  perform  said  duties,  they 
shall  be  performed  by  such  member  of  the  municipal  council  as 
it  may  from  time  to  time  elect,  until  the  mayor  or  president  of  the 
municipal  council  is  able  to  attend  to  said  duties,  or  until  the  va¬ 
cancy  is  filled  as  hereinafter  provided.  The  person  upon  whom 
such  duties  devolve  shall  be  called  “Acting  Mayor”  and,  except 
as  otherwise  provided  in  this  act,  shall  possess  the  powers  of 
mayor  but  only  in  matters  not  admitting  of  delay. 

Section  37.  If  there  is  a  vacancy,  by  failure  to  elect  or  other¬ 
wise,  in  the  municipal  council,  whether  as  to  the  mayor  or  one  or 
more  aldermen,  the  council  shall,  by  its  remaining  members,  cal) 
a  special  city  election  to  fill  the  vacancy  or  vacancies  for  the  un¬ 
expired  term  or  terms  respectively,  except  that  if  such  vacancy 
or  vacancies  occur  less  than  four  months  prior  to  the  annual  city 
election,  the  municipal  council  shall,  by  its  remaining  members, 
fill  such  vacancy  or  vacancies  for  the  unexpired  term  or  terms 
respectively.  A  person  elected  to  fill  any  such  vacancy  shall, 
before  entering  upon  the  duties  of  his  office,  take  oath  before  the 
city  clerk  or  a  justice  of  the  peace  faithfully  to  perform  the  same. 

Section  38.  If  there  is  a  vacancy  in  the  school  committee,  by 
failure  to  elect  or  otherwise,  the  municipal  council  and  the  re- 


16 


CITY  OF  HAVERHILL 


maining  members  of  the  school  committee  shall  meet  in  joint 
covention  and  elect  a  suitable  person  to  fill  such  vacancy  for  the 
unexpired  term.  The  mayor,  if  present,  shall  preside  at  such  con¬ 
vention. 

Section  39.  The  mayor  shall  be,  ex-officio,  chairman  and  a 
member  of  the  board  of  overseers  of  the  poor. 

Section  40.  The  powers  and  duties  of  the  mayor  under  chap¬ 
ter  three  hundred  and  fifty  six  of  the  acts  of  the  year  eighteen  hun¬ 
dred  and  eighty-eight,  and  chapter  four  hundred  and  ninety-eight 
of  the  acts  of  the  year  nineteen  hundred  and  seven,  shall  be  ex¬ 
ercised  and  performed  by  him. 


Section  41.  The  holder  of  any  elective  office  may  be  removed 
at  any  time  by  the  voters  qualified  to  vote  at  city  elections,  and 
the  procedure  to  effect  his  removal  shall  be  as  follows : — A  petition 
signed  by  a  number  of  such  voters  equal  to  at  least  twenty-five 
per  cent  of  the  aggregate  number  of  votes  cast  for  candidiates 
for  mayor  at  the  last  preceding  annual  city  election  at  which  a 
mayor  was  elected,  and  demanding  an  election  of  a  successor  of 
the  person  sought  to  be  removed,  shall  be  filed  in  the  office  of 
the  city  clerk.  Such  petition  shall  contain  a  general  statement 
of  the  grounds  for  which  the  removal  is  sought.  It  need  not  be 
on  one  paper,  but  may  consist  of  several  distinct  papers  each  con¬ 
taining  such  demand,  and  substantially  upon  the  same  grounds; 
and  all  papers  containing  such  demand  and  statement,  which 
in  any  one  day  shall  be  filed  in  the  office  of  the  city  clerk,  shall 
be  deemed  parts  of  the  same  petition.  Each  signer  shall  add  to 
his  signature  his  place  of  residence,  giving  the  street  and  street 
number,  if  any.  One  signer  of  every  such  paper  shall  make  oath 
upon  his  information  and  belief  before  a  notary  public  or  a  jus¬ 
tice  of  the  peace  that  the  statements  therein  made  are  true,  and 
that  each  signature  to  such  paper  is  the  genuine  signature  of  the 
person  whose  name  it  purports  to  be. 


CITY  CHARTER 


17 


Within  ten  days  after  the  date  of  filing  such  petition  the  city 
clerk,  with  the  assistance  of  the  registrars  of  voters,  shall  examine 
the  petition  to  ascertain  whether  or  not  it  is  signed  by  the  requi¬ 
site  number  of  qualified  voters  as  above  described,  and  shall 
attach  to  said  petition  his  certificate  showing  the  result  of  his  ex¬ 
amination.  If,  from  the  city  clerk’s  certificate,  the  petition  ap¬ 
pears  not  to  be  signed  by  the  requisite  number  of  voters,  it  may  be 
supplemented  within  ten  days  after  the  date  of  such  certificate 
by  other  papers  signed  and  sworn  to  as  aforesaid,  and  all  other 
papers  containing  a  like  demand  and  statement,  and  signed  and 
sworn  to  as  aforesaid,  which  shall  be  filed  with  the  city  clerk 
within  the  said  ten  days,  shall  be  deemed  supplemental  to  the 
original  petition. 


The  city  clerk,  shall  within  ten  days  after  such  supplementa¬ 
tion,  make  a  like  examination  of  the  amended  petition,  and  attach 
thereto  a  new  certificate,  and,  if  it  appears  from  such  new  cer¬ 
tificate  that  the  petition  is  still  insufficient  as  to  the  number  of  sign¬ 
ers  as  aforesaid,  it  shall  be  returned  to  the  person  or  persons  fil¬ 
ing  the  same,  without  prejudice,  however,  to  the  filing  of  a  new 
petition  to  the  same  effect. 

If  the  petition,  as  originally  filed  or  as  supplemented,  shall  be 
certified  by  the  city  clerk  to  be  sufficient,  he  shall  present  the  same 
to  the  municipal  council  without  delay,  and  the  municipal  coun¬ 
cil  shall  call  the  election  so  demanded,  and  shall  fix  a  date  for  hold¬ 
ing  the  same,  which  shall  be  not  less  than  sixty  nor  more  than 
seventy  days  after  the  date  of  the  presentation  of  the  petition 
by  the  city  clerk  to  the  municipal  council.  The  municipal  council 
shall  make  or  cause  to  be  made  all  arrangements  for  holding 
such  election,  and  the  same  shall  be  held  and  conducted,  returns 
thereof  made  and  the  result  thereof  declared  in  all  respects  as  in 
the  case  of  other  city  elections.  The  successor  of  any  officer  so 
removed  shall  hold  the  office  during  the  unexpired  term  of  his  pred¬ 
ecessor.  Any  person  sought  to  be  removed  may  be  a  candidate 


18 


CITY  OF  HAVERHILL 


at  such  election,  and  unless  he  requests  otherwise  in  writing, 
the  city  clerk  shall  place  his  name  on  the  official  ballots  without 
nomination.  The  candidate  receiving  the  highest  number  of 
votes  shall  be  declared  elected.  If  some  person  other  than  the 
incumbent  receives  the  highest  number  of  votes,  the  incumbent 
shall  thereupon  be  deemed  to  be  removed  from  the  office.  In 
case  a  person,  other  than  the  incumbent,  receiving  the  highest 
number  of  votes  shall  fail  to  make  oath  before  the  city  clerk  or 
a  justice  of  the  peace,  within  thirty  days  after  his  election,  faith¬ 
fully  to  perform  the  duties  of  the  office,  the  office  shall  be  deemed 
vacant.  If  the  incumbent  receives  the  highest  number  of  votes,  he 
shall  continue  in  office  until  the  end  of  the  term  which  he  was  serving 
at  the  time  of  such  election  unless  sooner  removed  therefrom 
by  new  and  like  proceedings.  The  name  of  no  candidate  other 
than  that  of  the  person  sought  to  be  removed,  shall  be  printed 
on  the  official  ballots  to  be  used  at  such  election,  unless  such 
candidate  be  nominated  as  hereinbefore  provided,  at  a  prelim¬ 
inary  election  for  nominations. 


Section  42.  If  a  petition,  signed  by  a  number  of  the  voters 
of  said  city,  qualified  to  vote  at  city  elections,  equal  to  at  least 
twenty-five  per  cent  of  the  aggregate  number  of  votes  cast  for 
candidates  for  mayor  at  the  last  preceding  annual  city  election 
at  which  a  mayor  was  elected,  and  requesting  the  municipal  coun¬ 
cil  to  pass  an  ordinance  therein  set  forth  or  referred  to,  shall  be 
filed  in  the  office  of  the  city  clerk,  the  municipal  council  shall, 
provided  that  said  ordinance  be  one  which  the  municipal  council 
shall,  after  this  act  takes  affect,  have  a  legal  right  to  pass,  (a) 
pass  said  ordinance  without  alteration,  within  twenty  days  after 
the  attachment  of  the  city  clerk’s  certificate  of  sufficiency  to  such 
petition,  or  (6)  forthwith,  after  the  expiration  of  twenty  days 
after  the  attachment  of  the  said  certificate  of  sufficiency  to  the 
petition,  call  a  special  election,  unless  an  annual  city  election 
is  fixed  within  ninety  days  after  the  attachment  of  certificate  of 
sufficiency,  and  at  such  special  election,  or  annual  city  election, 


CITY  CHARTER 


19 


if  one  is  so  fixed,  submit  such  ordinance  without  alteration  to 
the  voters  of  the  city  qualified  as  aforesaid. 

If,  however,  a  petition  otherwise  like  the  above  described  pe¬ 
tition  but  signed  by  a  number  of  such  qualified  voters  equal  to 
at  least  ten  per  cent  but  less  than  twenty-five  per  cent  of  the  ag¬ 
gregate  number  of  votes  cast  as  aforesaid  for  candidates  for  may¬ 
or,  shall  be  filed  as  aforesaid,  the  municipal  council  shall  (c)  pass 
the  ordinance  therein  set  forth  or  referred  to,  without  alteration 
within  twenty  days  after  such  attachment  or  certificate  of  suffi¬ 
ciency,  or  ( d )  submit  the  same  to  the  qualified  voters  of  the  city 
at  the  next  annual  city  election. 

The  votes  upon  such  ordinance  at  an  annual  city  election  or  a 
special  election  shall  be  taken  by  ballot  in  answer  to  the  question, 
“Shall  the  ordinance  (stating  the  nature  of  the  same)  be  passed?” 
which  shall  be  printed  on  the  ballots  after  the  list  of  candidates, 
if  there  be  any.  If  a  majority  of  the  qualified  voters  voting  on 
the  proposed  ordinance  shall  vote  in  favor  thereof,  it  shall  there¬ 
upon  become  a  valid  and  binding  ordinance  of  the  city;  and  no 
such  ordinance  passed  as  aforesaid  by  the  municipal  council, 
upon  petition  as  aforesaid,  or  which  shall  be  adopted  as  afore¬ 
said  at  any  such  annual  city  election  or  special  election,  shall 
be  repealed  or  amended  except  by  the  qualified  voters  of  the  city 
at  an  annual  city  election  or  special  election. 

Any  number  of  ordinances  requested  by  petition  as  aforesaid, 
may  be  voted  upon  at  the  same  election,  in  accordance  with  the 
provisions  of  this  section,  but  there  shall  not  be  more  than  one 
special  election  in  any  period  of  six  months  for  that  purpose. 

The  municipal  council  may  submit  a  proposition  for  the  re¬ 
peal  of  any  such  ordinance,  or  for  amendments  thereof,  to  be  voted 
upon  at  any  succeeding  annual  city  election;  and  should  such 
proposition  so  submitted  receive  a  majority  of  the  votes  cast 
thereon  at  such  election,  the  ordinance  shall  thereby  be  repealed 


20 


CITY  OF  HAVERHILL 


or  amended  accordingly.  The  votes  upon  such  repeal  or  amend¬ 
ment  at  an  annual  city  election  shall  be  taken  by  ballot  in  answer 
to  the  question,  “Shall  the  ordinance  (stating  the  nature  of  the 
same)  be  repealed  or  amended  (stating  the  nature  of  the  amend¬ 
ment)?”,  which  shall  be  printed  on  the  ballots  after  the  list  of 
candidates,  if  there  be  any.  Whenever  any  such  ordinance 
or  proposition  is  required  by  this  act  to  be  submitted  at  any  elec¬ 
tion  as  aforesaid,  the  city  clerk  shall  cause  the  same  to  be  pub¬ 
lished  once  in  each  of  the  daily  newspapers  published  in  said 
city;  such  publication  to  be  not  more  than  twenty  nor  less  than 
five  days  before  the  submission  of  the  ordinance  or  proposition 
to  be  voted  on. 

Petitions  under  the  provisions  of  this  section  may  consist  of 
one  or  more  distinct  papers.  In  each  of  such  papers  the  ordin¬ 
ance,  the  passage  of  which  is  requested,  shall  be,  set  forth  or  re¬ 
ferred  to,  and  all  such  papers  filed  in  any  one  day  in  the  office 
of  the  city  clerk  shall  be  deemed  to  be  parts  of  the  same  petition. 
Such  petitions  shall  be  signed,  sworn  to  as  to  signatures,  examined, 
re-examined,  presented  to  the  municipal  council,  shall  have  the 
city  clerk’s  certificate  of  sufficiency  or  insufficiency  attached 
thereto,  and  may  be  supplemented  in  the  same  manner  as  peti¬ 
tions  filed  under  section  forty-one. 

Any  ordinance,  passed  under  the  provisions  of  this  section  by 
the  municipal  council  upon  petition,  or  by  the  voters,  may  pre¬ 
scribe  such  penalty  for  its  violation  as  the  municipal  council, 
after  this  act  takes  effect,  shall  have  a  right  to  affix  to  a  like  or¬ 
dinance  for  breach  thereof. 


Section  43.  If,  during  the  ten  days  next  following  the  passage 
of  an  ordinance  by  the  municipal  council,  a  petition,  signed  by 
a  number  of  the  voters  of  said  city,  qualified  to  vote  at  city  elec¬ 
tions,  equal  to  at  least  twenty-five  per  cent  of  the  aggregate  num¬ 
ber  of  votes  cast  for  candidates  for  mayor  at  the  last  preceding 


CITY  CHARTER 


21 


annual  city  election  at  which  a  mayor  was  elected,  and  protest¬ 
ing  against  the  passage  of  such  ordinance  shall  be  filed  in  the 
office  of  the  city  clerk,  such  ordinance  shall  be  suspended  from  go¬ 
ing  into  operation,  and  it  shall  be  the  duty  of  the  municipal  coun¬ 
cil  to  reconsider  the  same,  and  if  it  is  not  entirely  repealed,  the 
municipal  council  shall  submit  it,  as  is  provided  in  sub-division  ( b ) 
of  section  forty-two,  to  the  qualified  voters  of  the  city  and  the 
said  ordinance  shall  not  go  into  effect  or  become  operative  unless 
a  majority  of  the  voters,  qualified  as  aforesaid,  voting  on  the  same 
shall  vote  in  favor  thereof.  The  votes  upon  such  ordinance  at 
an  annual  city  election  or  a  special  election  shall  be  taken  by  bal¬ 
lot  in  answer  to  the  question,  “Shall  the  ordinance  (stating  the 
nature  of  the  same)  take  effect ?”,  which  shall  be  printed  on  the 
ballots  after  the  list  of  candidates,  if  there  be  any. 

Petitions  under  the  provisions  of  this  section  may  consist  of 
one  or  more  distinct  papers.  In  each  of  such  papers  the  ordi¬ 
nance,  the  passage  of  which  is  protested,  shall  be  set  forth  or  re¬ 
ferred  to,  and  all  such  papers  filed  in  any  one  day  shall  be  deemed 
to  be  parts  of  the  same  petition.  Such  petitions  shall  be  signed, 
sworn  to  as  to  signatures,  examined,  re-examined,  presented  to 
the  municipal  council,  shall  have  the  city  clerk’s  certificate  of 
sufficiency  or  insufficiency  attached  thereto,  and  may  be  supple¬ 
mented  in  the  same  manner  as  petitions  filed  under  section  forty- 
one. 


Section  44.  It  shall  not  be  necessary  for  the  validity  of  any 
petition  or  statement  provided  for  or  required  by  the  provisions 
of  this  act  that  any  signer  thereof  add  to  his  signature  any  resi¬ 
dence  other  than  the  name  of  the  street,  and  street  number,  if 
there  be  any,  at  which  he  resides  at  the  time  of  signing. 


Section  45.  All  acts  and  parts  of  acts  inconsistent  with  this 
act  are  hereby  repealed:  provided,  however,  that  such  repeal 


22 


CITY  OF  HAVERHILL 


shall  not  affect  any  act  done,  or  any  right  accruing  or  accrued 
or  established,  or  any  suit  or  proceeding  had  or  begun  in  any 
civil  case  before  the  time  when  such  repeal  takes  effect,  and  that 
no  offences  committed  and  no  penalty  or  forfeitures  incurred  un¬ 
der  the  acts  or  parts  of  acts  hereby  repealed  shall  be  affected  by 
such  repeal;  and  provided,  also,  that  all  persons  who  at  the  time 
said  repeal  takes  effect  shall  hold  any  office  under  said  acts  shall  con¬ 
tinue  to  hold  the  same  according  to  the  tenure  thereof,  except 
as  is  otherwise  provided  herein,  and  provided  also,  that  all  by¬ 
laws  and  ordinances  of  the  city  of  Haverhill  in  force  at  the  time 
when  said  repeal  takes  effect,  and  not  inconsistent  with  the  pro¬ 
visions  of  this  act,  shall  continue  in  force  until  the  same  are  re¬ 
pealed  or  amended,  and  all  officers  elected  under  such  by-laws 
and  ordinances  shall  continue  in  office  according  to  the  tenure 
thereof,  except  as  is  otherwise  provided  herein. 

Section  46.  Petitions,  addressed  to  the  board  of  aldermen 
and  signed  by  qualified  voters  of  the  city,  requesting  that  a  spec¬ 
ial  election  be  held  at  which  this  act  shall  be  submitted  to  the 
qualified  voters  of  said  city,  may  be  filed  in  the  office  of  the  city 
clerk  at  any  time  on  or  before  the  fifteenth  day  of  August  in  the 
year  nineteen  hundred  and  eight.  Each  signer  of  any  such  pe¬ 
tition  shall  add  to  his  signature  the  name  of  the  street  in  which 
he  resides,  at  the  time  of  signing,  and  the  street  number,  if  there  be 
any.  Such  petition  need  not  be  sworn  to.  Within  the  five  days  next 
after  said  fifteenth  day  of  August,  the  city  clerk,  with  the  assist¬ 
ance  of  the  registrars  of  voters,  shall  examine  the  petitions  so 
filed,  and  ascertain  the  aggregate  number  of  qualified  voters  of 
the  city  who  have  signed  the  same,  and  he  shall  forthwith  present 
the  same  to  the  board  of  aldermen  with  his  certificate  setting 
forth  the  aggregate  number  of  qualified  voters  of  the  city  who 
have  so  signed-  If  it  shall  appear  from  said  certificate  that  such 
aggregate  number  is  at  least  fifteen  hundred,  the  board  of  aider- 
men  shall  forthwith  call  a  special  election  to  be  held  on  the  first 
Tuesday  of  October  in  the  year  nineteen  hundred  and  eight,  at 


CITY  CHARTER 


23 


which  special  election  this  act  shall  be  submitted  to  the  qualified 
voters  of  the  city. 

This  act  shall  take  effect,  as  hereinafter  provided,  upon  its 
acceptance  by  a  majority  of  the  voters  present  and  voting  thereon 
at  said  special  election.  The  vote  shall  be  taken  by  ballot  in 
answer  to  the  question,  “Shall  an  act  passed  by  the  general 
court  in  the  year  nineteen  hundred  and  eight,  entitled  ‘An  Act 
to  Amend  the  Charter  of  the  City  of  Haverhill’  be  accepted?”, 
which  shall  be  printed  on  the  official  ballots. 

Exceptdn  so  far  as  the  same  may  be  inconsistent  with  the  pro¬ 
visions  of  this  section,  all  general  laws  governing,  and  applicable 
to,  a  special  election  of  a  city  officer,  shall  govern  and  apply  to 
the  special  election  at  which  this  act  shall  be  submitted  as  afore¬ 
said. 

If  this  act  shall  so  be  accepted,  it  shall  take  effect  upon  its  ac¬ 
ceptance  for  the  annual  city  election  to  be  held  on  the  Tuesday 
next  following  the  first  Monday  of  December  in  the  year  nine¬ 
teen  hundred  and  eight,  for  the  preliminary  election  for  nomina¬ 
tions,  to  be  held,  under  the  provisions  of  this  act,  on  the  third 
Tuesday  preceding  the  aforesaid  annual  city  election,  for  the  state¬ 
ments  of  candidates  and  petitions  accompanjdng  statements 
of  candidates  to  be  filed  by  persons  whose  names  are  to  be  printed 
on  the  official  ballots  to  be  used  at  such  preliminary  election  for 
nominations,  and  for  all  things  which  appertain  and  relate  to 
said  annual  city  election,  preliminary  election  for  nominations, 
statements  of  candidates  and  petitions  accompanying  statements 
of  candidates;  and,  except  as  provided  in  the  following  section, 
it  shall  take  effect  for  all  other  purposes  at  ten  o’clock  in  the  fore¬ 
noon  on  the  first  Monday  of  January  in  the  year  nineteen  hundred 
and  nine. 

Section  47.  So  much  of  this  act  as  authorizes  the  submission 
of  the  question  of  its  acceptance  to  the  qualified  voters  of  said 
city  shall  take  effect  upon  its  passage.  (Approved  June  3,  1908.) 


